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CASE NO.: Appeal (civil)  4951 of 2001

PETITIONER: SOUTH EASTERN COALFIELDS LTD

RESPONDENT: NATTHU LAL

DATE OF JUDGMENT: 12/02/2008

BENCH: TARUN CHATTERJEE & H.S.BEDI

JUDGMENT: JUDGMENT O  R  D  E  R

CIVIL APPEAL NO.4951 OF 2001  

       In spite of due service on the respondent, no one has entered appearance on his beha lf.         This appeal is directed against an order dt.16.10.2000 passed by the High Court of M adhya  Pradesh, Jabalpur in M.A.No.2049 of 2000 by which the application for condonation of delay o f 35  days in filing the appeal was rejected.         Having heard the learned counsel for the appellant and after going through the appli cation  for condonation of delay as also the materials on record, we are of the view that the Divisi on Bench  of the High Court was not justified in rejecting the application for condonation of delay of  35 days  in filing the appeal as we are of the view that the statements made in the application do co nstitute  sufficient cause for condonation of delay in filing the appeal.  Accordingly, we set aside t he   impugned  order  and  allow  the  application  for  condonation  of  delay  in  filing  the   appeal.    We,  however,  request  the  High  Court  to   decide  the  appeal  on  merits  and  in  acc ordance   with

law at an early date and preferably within a period of three months from the date of communi cation  of this Order.  The appeal is allowed to the extent indicated above.                  There shall be no order as to costs.